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Minutes 07-13-93HINUTES OF THE PLANNING AND DEVELOFHENT BOARD HEETING HELD IN COMHISSIOH CHANBERS, CITY HALL, BOYNTOH BEACH, FLORIDA, OH TUESDAY, JULY 13, 1993 AT 7:00 PRESENT Gary Lehnertz, Chairman Nathan Collins Ken Johnson Mikel Jones Bradley Miller Bradley Weigle Paul Davis, Alternate ABSEN~ Marilyn Huckle (excused) James Cherof, City Attorney Christopher Cutro, Planning and Zoning Director PLEDGE OF ALLEGIANCE Chairman Lehnertz called the meeting to order at 7:12 p.m. and led the Pledge of Allegiance to the Flag. INTRODUCTION OF NAYOR~ COMMISSIONERS AND BOARD MEMBERS Chairman Lehnertz acknowledged the presence in the audience of Mayor Pro Tem Matson, and Commissioners Walshak and Katz. He introduced the Board members, City Attorney Cherof and Mr. Cutro. AGENDA APPROVAL Mr. Miller moved that Item B-2 be moved up on the agenda so as to accommodate the residents attending the meeting. Mr. Johnson seconded the motion which carried unanimously. At the end of the meeting, Mr. Cutro will make a short presentation regarding the Ocean Avenue project. APPROVAL OF MINUTES Hr. Johnson asked that the minutes of the June 8th meeting be corrected to read that Ken Johnson had an excused absence. Mr. Collins moved to approve the minutes of the June 8, 1993 meeting as amended. Mr. Johnson seconded the motion which carried unanimously. Chairman Lehnertz acknowledged the presence in the audience of Vice Mayor Jose Aguila. COMMUNICATIONS AND ANNOUNCEMENTS A. REPORT OF THE PLANNING AND ZONING DEPARTMENT Mr. Cutro provided the following updates from recent City Commission meetings: - 1 MINUTES - PLANNING AND DEVELOPHENT BOARD HEETING BOYNTON BEACH, FLORIDA ,)ULY 13, 1993 June 15 Approval of the abandonment of N.W. 3rd Court for the Baptist Church. The Old Dixie Highway abandonment was denied. However, on July 6th, the City Commission decided to reconsider this item and it has been scheduled for rehearing on July 20. Boynton Lakes Park and the Meadows II Park were approved. The Waffle House was approved with some additional conditions regarding colors and signage. The Waste Management site was approved with the condition regarding the 30' separation of trees; however, not with the automatic replacement of the pine trees. Work is being done to preserve as many pine trees as possible on the site. Cuco's Community Design Plan appeal was approved. The schedule for land development regulations was presented to the City Commission. Mr. Cutro will send copies to the Board members shortly. The first land development regula- tion has been submitted to the City Manager and distributed to the City Commission for comments. It is also being distributed to staff for comments. This first regulation will appear on next month's agenda. On June 17th, a meeting was held regarding Ocean Avenue improvements. It was attended by approximately 100 people. A new drawing of Ocean Avenue has been prepared and the hiring of a firm to prepare the specifications of the plans should go before the City Commission at its next meeting. There were no items related to the Planning and Development Board on the City Commission's July 6th agenda. Mr. Jones arrived for the meeting at 7:I8 p.m. B. COMMUNITY DESIGN PLAN APPEAL e Review a request b~ Fru-Con, Inc,, the developers of the Boynton Lakes Shopping Center, to change the matertal for the construction of a buffer wall on the east and south sides of Boynton Lakes Plaza. Boynton Lakes Plaza Is located on the south side of Hypoluxo Road between Boynton Lakes Boulevard and Congress Avenue. Mr. Cutro made the presentation. He explained that Fru-Con has appealed the denial of a minor site plan review to change the wall material for a buffer wall, which will be located on Plaza Lane and Boynton Lakes Boulevard. This concrete block and stucco wall was a part of the original site pla~ when the development was proposed in 1986. It is on the south and east sides of the development and separates the service area at the rear of the property from the single-family residential on the east side of Boynton Lakes Boulevard. Also, it -2- MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JULY 13, 1993 will serve to separate a multi-family townhouse development on the south side of Plaza Lane in the future. In 1990, when the last site plan modification was approved, the developer, who is not the current developer, made public statements that the wall would be in place and the surrounding residential community was placated by the statements. Staff feels this site plan is an agreement between the developer and a city and changes of this nature must be carefully reviewed. It is staff's determination that this request should be denied. Staff feels the wall should be constructed as originally proposed. A wood fence is harder to maintain and unless it is properly maintained, it will have to be replaced every six to eight years. FurthermoKe, the developer must understand that a concrete block stucco wall has beem part of th~ site plan since 1985, and although it is not required, there have been representations made from the onset that it would be constructed in this manner. Mr. Davis questioned whether the CBS wall was a condition of the original appro- val. Mr. Cutro reiterated that the wall has always been included in the site plan and there was never any argument about it prior to the last few weeks. It has always been represented as a concrete block wall. Mr. Cutro recalls questions arose in 1990 regarding how the wall would be constructed. At that time, Oliver Glidden stated it would be a concrete block and stucco wall. Although the Code does not require a wall in this situation, there is a seven year history of the developers promising the wall. Chairman Lehnertz confirmed that this wall has been a matter of public record since 1988. Mr. Weigle questioned Attorney Cherof as to whether or not the plan submitted constitutes a contract between the City and the developer. Attorney Cherof feels there is authority to indicate that site development plans, approved doring public hearings, represent agreements to build in conformance with them. Attorney Cherof disagreed with Mr. Cutro's statement about the lack of a Code requirement for the wall. He feels there is a Code basis for the wall since buffer walls are required between commercial and residential developments and the amended site plan ordinance does make specific references to walls and fences being a condition of approval. James Tepper~ registered archltect~ representing Fru-Con~ Inc,, distributed pho- tos and a rendering for review by the members. Mr. Topper was asked by the developer to provide a screening element consistent with the theme of the center. He displayed a plan which showed an area containing an irrigation pump located at the corner of Plaza Lane and Congress Avenue. For protection pur- poses, they intend to construct a masonry wall with stucco. In order to keep symmetry of design, they would introduce the same structure at the corner of Plaza Lane and Boynton Lakes Boulevard. In looking at the residential com- munity, it became obvious that the neighborhood contains wood fences for screening, and the developer chose to use a wood fence along Boynton Lakes Boulevard and Plaza Lane. When they oegan with the site improvement application for permit, there were difficulties with the wall. The developer pulled that request from the permit. -3- NINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOyNTON BEACH, FLORIDA ~ULY 13, 1993 The wall was resubmitted with the building permit. The staff comments which were returned to the developer stated the wall did not comply with the Ordinance. In reviewing the Ordinance, it was found that the development is not an adjoining property line to the residential community. However, the developer is concerned with being a good neighbor. The developer selected a twenty-five year warranteed system for the fence. There is confusion over a few matters. Although staff feels the developer does not comply with the Ordinance, the developer disagrees. Further, staff feels the developer does not co~koly with the 1990 site plan. Mr. Tepper points out that the site plan states that a six-foot high screen wall will be in place. During this past week. the developer learned that an additional site plan dated in 1985, exists. They were unaware of this plan. 0tm ~_~_~_~-~k~?S4O S. ~ Trail, Lake Worth, is the founder of American Wood Fence. He h~s been in business for thirty~four years. He is also a semi- retired landscape architect. He explained that the developer approached him for the best fence available to be installed in the shopping center. He constructed a pressure-treated lumber fence which is warranteed for twenty-five years. Both wood and masonry walls will require maintenance, but Mr. Warnke feels masonry walls will ~equire more maintenance than wood. Further, he feels that after landscaping b6~h sides, the wall will not be seen. A section of the fencing was displayed. Mr. Warnke explained that this fence is of a much better quality than those which are now installed throughout the residentSal community. Mr. Johnson inquired as to the type of wood which will be used for the fencing. Mr. Waroke stated it is yellow pine. The p~sts are 40 pound pressure treated and the outside fencing is 25 pound pressure treated. The entire fence is war- ranteed for twenty-five years through Pro-Wood. Mr. Johnson pointed out that even treated wood rots with time. In response to Mr. Miller's question, Mr. Warnke stated the cost of a linear foot of wood fence is $30 as compared to $33 per linear foot of concrete fence. Mr. Jones advised Mr. Tepper that the residential community was opposed to the shopping mall from the outset, but they have accepted the fact that the mall would be built. He feels that in the spirit of being a good neighbor, the developer should commit to the community. He questioned if the developer would be agreeable to constructing the concrete block wall. Mr. Tepper pointed out that the developer would experience economic relief by installing a wooden fence. Mr. Tepper could not offer any insight as to whether or not the devel- oper would be agreeable to installing a concrete block wall. However, he stated that the developer would commit himself to the perpetual maintenance of the wooden fence. Mr. Weigle established that the cost difference between the two types of walls would amount to approximately $5,000 and learned that the entire project is worth approximately $6 million, Upon questioning Mr, Tepper, Mr. Weigle learned that Mr. Tepper studied everything he was told was available. He only learned of the 1990 plan three weeks ago and was not aware that other plans existed. CHAIRMAN LEHNERTZ PERMITTED A PUBLIC HEARING. - 4- MINUTES - PLANNING AND DEVELOPMENT BOARO MEETING BOYNTON BEAC~I, FLORIDA OULY 13, 1993 Vince Flnlzlo, Engloeerlng Department emoloyee, provided background information on the wall. When the original developer had his site plan go through the pro- cess, he was aware of certain staff comments he needed to comply with. Those comments alone would have constituted a reason for denial by the City Commission; however, the developer used the wall to entice the City Commission to approve the project. Mr. Finizio stated that the agents for Fru-Con were aware of previous plans when they designed the plat document. Mr. Finizio feels that the developer offered the wall as an enticement to gather the support of the community and to get the City Commission's approval of thei" plan. This developer should be held to that site plan. Mr. Finizio further stated that the original developer realized the value of the wall and placed it on the site plans. ~uNorrlll, I ~sttn~s Lane~ Board of Directors of ~ Lakes Nort~ nltyAssoElatlon; pointed out th~ concrete f~c~g i~ di--F~-rent from concrete block and stucco wall. The residents want the CBS wall. He further pointed out that the homeowners own the sidewalk and the swale which will become the turn lane; therefore, he feels this does abut their property. He expressed concern about vehicular encroachment, trucks which might go through the wooden fence, noise pollution and vandalism. He further stated that the tenants will be paying for the additional cost of the concrete block wall through their rents. In turn, the consumer will pay throughpatronage at the business establishmgnts. He feels that if the residents are paying, they should be given the product they want. Dan Toh111) 23 Bentwater Circle~ feels the developer should not be permitted to waffle on th~-wall!. He feels the developer knew this wall was a commitment to the COmmunity. He also is aware that it is much more expensive to construct the concrete block wall than to install the wooden fence and feels that the dollar factor is the reason why the developer is waffling. Joe Fontt~ 32 Bentwater Circle~ feels it is obvious the developer wants to save money by putting up the wooden fence. The residents want the concrete wall. Ms. Cllnger~ ~ Bentwater Circle, is concerned with noise. She feels the concrete Wall will block the noise better than a wooden fence. She is also con- cerned with run-away trucks. If there is little difference between the two fences with regard; to cost, maintenance and quality, she wondered why the deve- loper wants to change the plan now. She supports the concrete wall. Mr. Tepper advised that the wooden fencing system will absorb three to four times more sound than the stucco wall. He claims the stucco will create an echo chamber. Motion Mr. Jones moved to deny the appeal from Fru-Con, the builders of Boynton Lakes Plaza, and based on staff recommendations, ask them to construct the wall as originally proposed based on the 1990 plans, Mr. Collins seconded the motion which carried unanimously. -5 - MINUTES, P~NIND AND DEVELOPMENT BOARD BO¥~N BEACH, ~ORiDA OULY 13, 1993 OLD BUSINESS: ANNEXATZON/LAND USE ELEMENT AMENDMENT/REZONZNG COMPREHENSIVE PLAN TEXT AMENDN~-~-- 1. Project Name: Agent: Owner: Location: Loos Propert~ Kieran d. Kilday Kilday & Associates John T. Loos An 18.69 acre parcel on the west side of Congress Avenue, approximately ½ mile south of Golf Road Description: Request to show annexed land as Moderate Density Residential, to rezone from AR (Agricultural Residential) in Palm Beach County to R-t (Single Family Residential), and to amend the text of the Comprehensive Plan Future Land Use Element, Plan- ning Area 8.d. Mr. Rumpf made the presentation and reminded the members that this application was reviewed during last month's meeting when the Board had difficulty in making a motion. No changes have been proposed by the applicant since last month. He explained that Mr. Kilday proposes to annex 18.69 acres of property on the west side of Congress Avenue. The current land uses include Silverlake Estates to the north, Golfview Harbour town homes to the east, Lawson industrial park to the southeast, Manor Care ALCF to the south, Chanteclair Villas to the southwest and unincorporated Palm Beach County property to the west. The annexed property would be reclassified from MR-5 (Medium Residential in Palm Beach County) to Moderate Density Residential and rezoned to the City's R-1 (Single-Family Residential). The City's Future Land Use map currently desig- nates the property as Low Density Residential. This request would increase the maximum, gross density allowed from 4.84 units per acre to 7.26 units per acre. This represents an increase in the possible dwelling units from 93 to t36. Staff review included the following major considerations: 1. the variation in adjacent land uses and land use patterns; 2. the potential impact of adjacent land uses upon the subject property; 3. the most appropriate land use given the type and variation of adjacent land uses; and 4. the size of the subject property and proximity to Congress Avenue. Secondary considerations included: 1. consistency with the Comprehensive Plan Objectives and Policies; 2. the City's need for additional housing; and 3. the increased impact on services created by the additional dwelling units. -6- N~I~UTE$ - PLANHZNG AND DEVELOPHEHT BOARD HEETI*NG BOYNTON BEACH, FLORZDA ~ULY 13, 1993 There are few policies which address the change in land use similar to the request. Also, as the Future Land Use Support Document indicates, additional housing units beyond those which would be allowed by densities of the Future Land Use Plan, wilt be required to meet demand at build out. Facility capacity is available to serve the needs of the subject property. Mr. ~umpf pointed out the Solid Waste Authority's objection to the amendment based upon its policy to oppose any Land Use Plan amendment which would increase solid waste generation. The applicant has had some communication with the Solid Waste Authority to determine what the factors are and to analyze the increases. This property received its original Low Density designation to be consistent with the Low Density subdivision to the north. Currently, this property is being used as a buffer for the adjacent neighborhood and Mr. Rumpf feels this does not appear to be equitable land use planning and feels alternative land uses should be considered. The Planning and Zoning Department recommends that the application be approved based on the following: 1. The subject property is contiguous to the corporate limits and is located within the City's Reserve Annexation area; 2. The proposed amendment would be consistent with applicable Compre- hensive Plan objectives and policies; e The proposed amendment would not be contrary to an established land use pattern, nor would it create an isolated district un- related to adjacent and nearby districts, nor would it constitute a grant of special privilege to an individual property owner; 4. The requested land use and zoning would be compatible with utility systems, roadways, and other public facilities; The proposed land use and zoning would be compatible with the current and future use of adjacent and nearby properties and would not affect the property values of adjacent or nearby properties; The applicant has indicated that the property would be more physically and economically developable under the proposed land use and zoning, and The proposed land use and zoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. Mr. Rumpf noted that a condition should be added that the applicant must work out a plan with the Solid Waste Authority. Mr. Miller asked Mr. Rumpf to review the land use densities for the surrounding areas. Mr. Rumpf pointed out that Silverlake Estates is between 2 and 3, Golfview Harbour Estates is at 10.8, and Chanteclair Villas is 8.13. -7 HTNUTES - PLAHNI*NG AND DEVELOPHENT BOARD i4EETING BOYIqTON BEACH, FLORIDA JULY 13, 1993 K~er&n Ktlda~y, represented the Loos family. This property is one of the proper- ~the City wishes to annex. It has been in the Loos family for thirty-five years. Mrs. Loos has attempted to market it for five years and now has a buyer who wishes to construct detached, single-family homes on the site. The homes will be zero-lot line homes. The Loos family agreed to the annexation request but asked for consideration for the Moderate Density land use designation. That designation would be similar to their designation in the County. Mr. Kilday pointed out some considerations for the property which are different from those of surrounding sites. The frontage is on Congress Avenue. It is currently zoned Agricultural and supports two billboards on the site, It is a narrow, deep site with a variety of land uses surrounding it. The Moderate Density designation would be less than that of the property to the east and southeast, but more intensive than the property to the north, A meeting was held with the residents of Silverlake Estates on July 1st. Mr, Kilday and George McArdle of Gemstar Homes attended the meeting. Three issues were the main concerns. Security was one of the concerns and Mr. Kilday com- mitted to the construction of a wall on the north property line. Height of the buildings was another concern. There will be some two-story buildings. The third concern was the location of the entrance road. Onie philosophy was that having a road running across the north property line an~ lots on the south side of the road would be desirable because there would not ~e backyards up against people. However, the down side is the traffic on the road. This is not a resolved issue at this point. Mr. Kilday feels that buffering can be provided so that no negative impact will be felt by Silverlake EStates. Following the Planning and Development Board's recommendation, this application will go to the City Commission. They' will then transmit it to the Department of Community Affairs which has 100 days to respond. This application wilt then be returned to the City for final consideration. Mr. Kilday agreed to continue meeting with the neighbors regarding the design issues, He feels these are the issues of concern for the neighbors. If this application is not approved, they cannot go forward with the annexation. Mr. Weigle questioned whether the figure of 7.26 units per acre was the bottom line. Mr. Kilday stated this is the maximum number of units allowed under this designation. He further confirmed that the figure of 136 dwelling units is the maximum number of dwellings which can be put on this site. Mr. Cutro inquired as to whether the R-1 category could be dispensed with and instead, take on the P.U.D. category. Mr. Kilday had no problem with the request because the applicant is committed to a P.U.D. approach. Mr. Cutro feels this will remove some of the concerns of the members. Chairman Lehnertz questioned whether Mr. Kilday or the owner has any plans in place that would fulfill the Solid Waste Authority's comment regarding the annexation being conditioned so as not to result in an increase into the solid waste stream. Mr. Kilday stated he is reviewing this. He pointed out that it is important to look at this property the surrounding properties to see how they have developed. Some have come in at less than that which is designated on the plan. He does not believe this will increase the solid waste stream on a -8- MINUTES - PLANNING AND DEVELOPHENT BOARD NEETING BOYNTON BEACH, FLORIDA JULY 13, 1993 County-wide basis. He pointed out that the County-wide basis is not based on density, It is based on people. Mr. Cutro confirmed that the Solid Waste Authority juggles the numbers. When they originally did the numbers for the land fills and incinerators, they used certain population growth numbers which may not apply to Palm Beach County any longer. No one has questioned the base numbers which were used originally. In response to a question by Mr. Miller, Mr. Kilday stated that the MR-5 designation allows for five units per acre in the County. However, there are other provisions regarding affordable housing to be used which allows the increase in the number of units. Mr. Collins confirmed that the applicant agrees to construct a concrete wall to provide buffering. Mr. Davis pointed out that during the last meeting, residents were concerned with property values. Mr. Kilday feels that proper buffering would help to eliminate their concerns. Originally, rental apartments were considered for this property. Although the higher density is now requested, the homes will single-family detached ownership. be In response to Mr. Miller's question, Mr. Kilday stated the net density for Silverlake Estates is approximately four. He questioned what percentage of the lake area would be needed with the soil conditions of the site. Mr. Kilday said four acres of the site will be lake area. Mr. Miller noted that a large area of Silverlake Estates was dedicated to lakes, but Silverlake Estates is a larger parcel. The Loos property is smaller and must be worked more efficiently. He feels the densities may end up close once all factors are considered. Mr, Miller further stated that an effort has been made to limit the project to single-family detached housing. The applicant has also made a commitment with regard to buffering, and he feels there has been an attempt to meet with the property owners. Mr. Miller feels this is a target area which is difficult to work with. The focus should not only be directed to the north of this property and it is necessary to look at all four sides. JoOy Young, 2710 SWCranbrook~ opposes the amendment. He was present for the July 1st meeting with Mr. Kilday. The property west of the Loos property is for sale along with the parcel to the northwest. He feels the acquisition of this property will have a bearing on the number of units to be built. He is con- cerned with his property value, the number of dwelling units, and noise pollu- tion, and is opposed to the construction of a roadway behind his property. Stan Dube, 2734 SW 23rd Cranbrook Drtve~ is President of the homeowners' associ- ation of Silverl~-~e Estates. He claims that 35D people could have appeared in opposition to this project. He pointed out that there are thirty-six foot lots in this project. The smallest lot Silverlake Estates has abutting this would be 80'. There will be 2+ houses in everyone's backyards. The Comprehensive Land Use Plan refers to keeping this property in compliance with the property to the north. The density of the property to the east is ten, and i,t is separated by a six-lane highway. The Village of Golf is to the west and has a smaller density than that of Silverlake Estates. The nine acres of land mentioned ear)ier will be annexed into the City and the applicant is planning to buy that acreage. The applicant has already tnclud~ those nine acres in his figures. The five-acre strip is also involved, but no agreement has been reached on price. The average -9- HINUTE$ - PLANIqIHG AND DEVELOPHEHT BOARD HEETING BOYNTON BEACH, FLORIDA ,JULY 13, 1993 cost of a home in Silverlake Estates is $170,000 with most priced over $200,000. Mr. Dube feels this property should have been filled ten years ago. They were aware of the muck problems. They held onto the property too long and they can- not get their land costs down now. The residents of Silverlake Estates bought their homes based on the Land Use Plan which was in effect and there is no need to change it now. Hark Po~e~ 2726 Cr~flbrook Drlve~ is opposed to this project. Ninety-three units are being approved on a piece of property which is 20 percent the size of Silverlake Estates. They have 160 lots in Silverlake Estates. He also feels there is a total disregard for the Comprehensive Plan. Albert D~An:elo, 2713 Cr~nbr~ok Driver is opposed to the project. He feels another developer should be found for this site. Roger Saber$on~ 2740 Cranbrook Drtve~ was present at the last meeting. He feels that since this application must go to DCA where it will take approximately four months for review and return to the City, it should be moved forward allowing the neighborhoods to negotiate with the developer. He is of the opinion that by denying this application, the surrounding communities could possibly end up with a worse situation in the future. Mr. Saberson feels the site plan is of the utmost importance and he has expressed his desires to the developer. R~ch~rd Turner~ 2720 SW 23rd Cranb~ook DrJve~ stated Mr. Saberson does not represent the feelings of the residents of Silverlake Estates. Mr. Turner feels the land is being offered at too high a price which is what is necessitating the higher density. THE PUBLIC HEARING WAS CLOSED. Mr. Jones questioned Mr. Kilday regarding the additional nine and five acre par- cels discussed by the residents. Mr. Kilday reported that Mr. Soucop owns the nine acres. The purchase of that parcel will probably take place and the resi- dents of Silverlake Estates were advised of that. The applicant has not been able to come to an agreement with the owners of the five acre parcel. However, if the price becomes favorable in the future, the applicant would attempt to make that purchase. Chairman Lehnertz feels the City is not responsible for insuring that any land owner makes a profit on that land. Property ownership is much like owning stocks and bonds. It appears that the property owner and the prospective prop- petty owner cannot make the amount of money they wish to make unless the land is rezoned. Further, changing the Comprehensive Plan is something that should only be done when there are overriding circumstances to warrant such a change. A great deal of work and time went into setting up the Plan and it should be viewed as though it were written in stone. In this particular case, there ~as not been enough evidence shown to warrant a change in the Plan. Although Chairman Lehnertz does not expect this particular parcel to come at 2+ units per acre, he cannot accept 7+ units per acre. Mr. Miller moved to approve the request for annexation land use amendment according to staff comments. - 10 - MINUTES - PLANNING AND DEVELOPNENT BOARD NEETING BOYNTON BEACH, FLORIDA JULY 13, 1993 He feels there is adequate time as far as going through the land use process and letting the governmental agencies review it. There have been some commitments from the applicant with regard to going into a P.U.D. zoning district. Lot sizes, buffering and architectural style can be addressed during that process. Mr. Collins seconded the motion which carried 4-3. (Messrs. Johnson, Davis and Lehnertz cast the dissenting votes.) CHAIRMAN LEHNERTZ DECLARED A TEN-MINUTE RECESS. NEW BUSINESS: A. SUBDIVISION NASTER PLAN Project Name: Agent: Owner: Location: Jonathan's Grove Scott Bennewitz Gee and Jenson Richard D. Johnson East side of Lawrence Road, approximately 700 feet south of Hypoluxo Road Description: Request for master plan approval for sub- division of a 10 acre parcel of land into 32 single-family lots and concurrency certification for drainage and neighborhood park facilities. Vince Finizio made the presentation and explained that representatives of MI Homes were present along with a representative from Gee and Jenson. There are thirty-two lots proposed with a road which divides them. A cul-de-sac is located at the end. Originally, this project was seeking a variance. Four of the lots were in question, Lots ! and 2 and Lots 31 and 32. Subdivision regulations require that when there is a local road intersecting a collector, the driveways must be located a minimum of 180 feet away from the collector. By doing that, a considerable number of lots would have been eliminated. The City Commission reviewed the variance request and determined that the appli- cant complied with all elements of the variance request. They granted relief conditioned upon: the driveways for each of the four lots be located to the eastern-most portion of the property line, leaving one or two feet for stormwater drainage to get into the ground; and a deceleration lane be constructed on Lawrence Road which will facilitate the movement of vehicles into the subdivision at a lower rate of speed. - 11 - MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORZDA ~ULY 13, 1993 The Technical Review Committee reviewed the plan and compared it to all the requirements of the master plan section in the Code. All statements required from Bell South Communications, FPL and the Cit$'s Utilities Department have been secured regarding services to the site. The TRC also reviews for con- currency for neighborhood parks and ~rainage. Statements have been received from the County's Traffic Engineer stating they comply with the Traffic Performance Standard Ordinance along with a confirmation from the Utility Engineer regarding drainage concurrency. Ms. Heyden has provided comments on Pages 33, 34, 35 and 36 of the back-up material. Mr. F~nizio suggested a motion for approval include MS. Heyden's comments and all other staff comments and that the developer be directed to resubmit a master plan showing all corrections outlined in the staff comments. Mr. Davis expressed concern about the backyards and their use as swales for stormwater drainage. He wondered if the building envelope which remains pro- vides for pools and patios. Mr. Finizio explained that the drainage swale must be maintained as shown without ever being modified. There is a provision which might allow for a fence which would meet with the approval of the City Engineer, but the association and residents w~ll be required to maintain it as shown. Mr. Finizio commended the applicant and engineer for completing this process in only forty-one days. $CO~t Bennewltz of Gee and ~en$0n~ said they are in general agreement with the conditions, and have modified the plans to account for most of the conditions. However, he will address some questions with regard to the staff report. Mr. Bennewitz explained that the building envelope which appears on the plan is for the house itself. Because the rear lots encompass drainage swales, the rear setback has been entirely used and they have gone beyond that to the building envelope. Any pools or patios will fall within the house setbacks. Mr. Bennewitz addressed the staff report: Page 7 - Utilities Memorandum #93-311 from John Guidry to Vince Finizio - He referred to Paragraph 2 wherein a statement is made that since the existing swale is a drainage facility, it shall also be included within a drainage tract. Mr. Bennewitz used the plan to show the existing swale. He has no problem maintaining that swale, but because of the minimum lot size requirement, he requested the language be changed from dratnage ~ract to dralnageeasemen~. It will be included on the plat as part of the overall homeowners' association requirement for maintenance. Mr. Finizio stated the City would have no problem identifying the drainage as easements so long as the future plan is submitted specifying that the homeowners' association wilt be responsible for maintaining the areas. Mr. Bennewitz stated both the tracts and the easement areas will be maintained by the homeowners' association. - 12 - MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTOM BEACH, FLORIDA JULY 13, 1993 Page 14 - Item #7 in Engineering Memorandum No. 93-182. Mr. Finizio addresses Ms. Heyden's comments and lists conditions. Mr. Bennewitz is concerned with the fact that Mr. Finizio was addressing Memorandum 93-156 (Page 33). That memorandum has been updated to 93-166 (Page 35). Mr. Finizio clarified that Ms. Heyde~ stated Memorandum 93-166 superseded Memorandum 93-158 ~nd she consolidates the previous unresolved issues, Page 16 - Memorandum #93-182 from Vince Finizio - Paragraph 1, Sentence 1 regarding the fact that the City Commission will review the recommended approval of the Planning and Develop- ment Board and render a decision relative to this project. Mr. Bennewitz understands the Code to require the review to end with the Planning and Development Board, but the City Commission would review the preliminary and final plats. Mr. Finizio stated that two years ago, the City Commission directed the City Attorney to draft a new Ordinance. That Ordinance states in Chapter 19 that the determination of the Planning and Development Board is in an advisory capacity and the City Commission must render a final decision, Mr. Cutro feels it is necessary to discuss this with Attorney Cherof. Mr. Cutro and Mr. Finizio will do that tomorrow morning. In response to a question by Mr. Collins, Mr. Finizio said a copy of the master plan was submitted to the School Board and their condition of approval was that the applicant commit to a meeting with them to guarantee racial balance. The applicant will be meeting with the School Board, but he is aware of the fact that the School Board looks for a program of marketing. That program requires the developer to market in publications that have a large minority readership. The developer enters into an agreement with the School Board that he will comply with their standards for marketing and the children of the development are guaranteed admittance to a local school system for a period of time. In response to Mr. Davis' question, Mr. Bennewitz explained that MI Homes has many buildings which range from 1,800 square feet to 2,500 square feet. The large units will not allow a swimming pool in the envelope, but other units will fit with swimming pools and additional land around them. Motion Mr. Collins moved to approve the request for a master plan approval for sub- division of a ten-acre parcel of land into thirty-two single-family lots and concurrency certification for drainage and neighborhood park facilities subject to all staff comments. Mr. Miller seconded the motion. Mr. Miller pointed out that the applicant requested the change in language from tract to easement for drainage, and requested this change be included in the approval. Chairman Lehnertz referred to Utility Memorandum #93-311. The motion carried unanimously. - 13- HINUTES - PLANNING AND DEVELOPHENT BOARD HEETING BOYNTON BEACH, FLORIDA JULY 13, 1993 B. COMHUNZTY DESIGN PLAN APPEAL Review a request by 14~x Developers, Inc., owners of Boynton Beach Promenade, to seek relief from installing median planting and irrigation in the portion of the Congress Avenue median that is a~acent to the Boynton Beach Promenade development, Boynton Beach Promenade is located at 901 North Congress Avenue. Mr. Haag made the presentation and explained that this is an appeal to Section 7,5-75 of the Community Design Plan. The requirement for median planting was placed on this project because of the improvements. The median in front of the center is concrete, but there is pervious area approximately 40' in length at the widest point. The Code requires the median to be upgraded to comply with the City's Policy and Procedure Manual. Off-site improvements are reviewed by the City's Forester. Mr. Haag stated there are six trees and lawn grass in the median; however, there is no irrigation in the median. Providing irrigation to the median would cost approximately $10,000. Mr. Cutro said there is no staff recommendation because although he would like to see the improvements put in place, the applicant has a legitimate concern regard the excessive cost. This is not part of the City's Code. The City has been trying to get irrigation out to the medians, but it has been very difficult. In response to Mr. Jones' question, Mr. Haag stated the requirement was on the site plan before Mr. Jarrett owned the project. Reese~~ President of gax Developers~ Inc,, is located at 1101 North Congress Avenue. ~ D--~-~lb-~ers acquired this project in November of 1992 and they were aware of the notation on the site plan requiring landscaping of the median and had no objection to that requirement; however, Max Developers was not aware that they would have to supply the irrigation to the median. Mr. Jarrett pointed out that this was a failed project and since the acquisi- tion, they have brought in major tenants including Office Max, Motorola and are awaiting a building permit to construct an Olive Garden restaurant. Mr. Jarrett feels this requirement places an inordinate burden on an individual property owner who attempts to improve his property for the benefit of the whole community. Mr. Jarrett is of the opinion that the burden of such improvements should be spread over all of the property owners who will benefit. He again stated that he would be happy to install the landscape material in accordance with Code, but the requirement to irrigate the median is a burden. Mr. Collins questioned whether or not there is a variety of landscaping which would withstand lack of irrigation and be acceptable in ~erms of appearance. Mr. Cutro explained that Mr. Jarrett has been talking with Mr. Hallahan about this situation. Mr. Cutro said xeriscape materials could probably be planted in the median. Mr. Jarrett has had discussions with Sinclair Landscaping and he has agreed to plant sufficient materials and maintain that material for a period of time. Then it will be turned back to the City. - 14 - MINUTES - PLANNING AND DEVELOPHENT BOARD MEETING BOYNTON BEACH, FLORIDA JULY 13, 1993 Mr. Cutro suggested the Board uphold the appeal subject to them submitting a xeriscape plan that is acceptable to the Urban Forester and the Planning and Zoning Director. Chairman Lehnertz, Mr. Davis and Mr. Johnson will review that plan. Chairman Lehnertz' concern is that the plants get enough water so that the roots take hold. Mr. Jarrett said Sinclair would bring water to the plants for ninety days. Further, Chairman Lehnertz expressed his opinion that the owners on both sides of the street should be responsible to take care of the medians. Mr. Cutro suggested reviewing this policy again because Mr. Jarrett raised a good point. He should only be responsible for 50 percent of the median. A new approach may be needed. Mr. Cutro feels that it may be better to collect the money from the projects to be put into a fund. When all of the money is available, the work can be done. Mr. Weigle pointed out that this is one small part of a large problem. He feels a taxing district may have to be created to get the islands upgraded. The northern section of the City along Congress Avenue is almost entirely built out and no one will be making improvements; therefore, the islands will not get landscaped. If the islands cannot be improved, then they should be concreted over. Mr. Miller wondered if there are any County funds available to assist the City with the cost of improvements to the medians, or if there is a means by which to collect a bond for improvements in the future. Mr. Cutro has never spoken with the County about this situation, but he offered to do so. With regard to bonding, a question will be raised as to how long the City can hold the bond, or ever cash the bond. Motion Mr. Jones moved that this be forwarded to the City Commission with a recommen- dation for approval of the appeal to delete the irrigation and that the appli- cant work with the Uban Forester and Planning Director to come up with the landscaping design that would be drought tolerant and it would be reviewed by Gary Lehnertz, Paul Davis and Ken Johnson. Mr. Collins seconded the motion. In response to Mr. Davis' question, it was confirmed that this landscaping design would not include sod. The motion carried unanimously. Review a request by Fru-Con, Inc,, the developers of the Boynton Lakes Shopping Center, to change the material for the construction of a buffer wall on the east and south sides of Boynton Lakes Plaza. Boynton Lakes Plaza is located on the south side of Hypoluxo Road between Boynton Lakes Boulevard and Congress Avenue. This item was already discussed at the beginning of the meeting. 15- MINUTES - PLANNING AND DEVELOPMENT BOARD MEETTNG BOYNTON BEACH, FLORIDA ~ULY 13, 1993 C. SIGH PROGRAM Review a request by Newport Place, inc,, a property owner in the Stanford Park P,U,D,, to create a sign program for the Newport Place Adult Congregate Llv- lng Facility. Newport Place is located at 4735 NW 7th Court, Mr. Cutro made the presentation. Stanford Park P.U.D. is located at the south- west corner of Hypoluxo Road and NW 7th Court. The owners of the residential section of the P.U.D. known as Newport Place have requested a 14' high free- standing sign to be located at the intersection of Hypoluxo Road and NW 7th Court. Mr. Cutro explained that normally the size of a sign for residential is 32 square feet and not higher than 6' in height. In this case, they have requested the sign be 14' high and 40 square feet. Mr. Cutro has no objection to the signage. This would be part of a sign program for the P.U.D. No further requests are expected for freestanding signs on the site. Staff recommends approval of this request. Mr. Miller questioned the maximum sign height allowed. Mr. Cutro stated that in the P.U.D., there is no limitations on the sign size or height. The developer proposes a program to the City. Stanford Park has never submitted a sign program. Mr. Cutro has used the sign requirements as a guide in the past in terms of square footage and heiight. Residential property allows a 6' high, 32 square foot sign. Mr. Miller feels this sign is too big and too high for a residential neighborhood. Chai=rman Lehnertz disagreed and felt the 14' height was too high. Mr. Davis also Ceels the sign is too big. Mr, Ronald Aylor~ Presldent~ Newport P)ace~ said that a 32 square foot sign is 4'x 8'. Newport Place is requesting a 4' x 10' sign. The sign will be of pylon, wrapped in a rectangular encasement and made of heavy-gauge aluminum which is spray painted the same color of the building. It will appear to be constructed of a stucco material. The upper part of the sign will be internally illuminated. The height request is because the clientele is 70 years of age and older and they do not have the reflex ability to make a quick visual examination of a small, low sign and still be able to negotiate the turn required to get them into Newport Place. In response to Mr. Collins' question regarding landscaping at the base of the sign, Mr. Cutro explained that if the Board approves the request, the motion for apprOval could be conditioned that the landscaping meet the requirements of the Sign Code under the sign. Motion Mr. Johnson moved to approve the sign program for Newport Place in the Stanford Park P.U,D. located at the southwest corner of Hypoluxo Road and NW 7th Court subject to staff comments. Mr. Collins seconded the motion. The motion carried 5-2. (Messrs. Miller and Davis cast the dissenting votes.) - 16 - HINUTES - PLANNING AND DEVELOPHENT BOARD NEETING BOYHTON BEACH, FLORIDA JULY 13, 1993 D. USE DETERNINATZON i. Revtew request to a11o~agrlculturel uses in the C-3 zontng district. 2. Review request to allow golf driving ranges in the C-3 zoning district. The City Commission requested the Board review Item #1 and Item #2 for inclusion in the C-3 zoning district. This use is a community gardening concept. This agricultural use would allow an owner of property to rent the property out in small parcels for growing vegetables and flowers for personal use. Agricultural use would be acceptable in any zoning district, but large scale agricultural uses must be avoided. Mr. Cutro feels there may be a demand for this use because people live in communities which do not permit gardening. Mr. Cutro suggests this be a conditional use, subject to the following: 1. The property can only be rented and not sold; 2. plot sizes are limited to 500 square feet; and 3. no sale of grown material on site. With regard to Item #2, the C-3 zoning district allows for golf courses, but a driving range can only be allowed as an accessory use to a golf course. There are some minor concerns with driving ranges with regard to lighting, other uses and size. If this use if found acceptable by the Board, the following con- ditions should be included: 1. All lighting to be shielded; 2. use is limited to driving range, and uses accessory to the golf range; 3. peripheral fencing, if required, for safety; and 4. this use cannot be located adjacent to a residential zoning district. Mr. Cutro stated that no determination has been made with regard to the size of the parcel required. He has been working with Mr. Joe Sciortino to find a mini- mum size requirement and suggested that if the Board recommends approval of this use, the motion should include a recommendation that a minimum size be established in conjunction with Mr. Sciortino. In response to Chairman Lehnertz' question, Mr. Cutro stated there is a large vacant C.3 parcel at the south end of the City which this use might fit on, but this requeSt appears because someone is interested in a two-acre parcel on Federal Highway. Mr. Miller advised that he shares office space with a golf course designer Who is worki'ng on a driving range in Margate, He will seek his assistance in obtaining some figures. - 17 - NINUTE$ - PLANNING AND DEVELOPNENT BOARD HEETING BOYNTON BEACH, FLORIDA ~ULY 13, ~993 Furthermore, Mr. Miller suggested this be included as a conditional use so that the City will have some say in where these uses are placed. Mr. Weigle suggested #2 read as follows, "plot sizes are limited to 500 square feet with n__o contiguous renters". Mr. Davis suggested that the hours of operation not exceed midnight. Mr. Johnson suggested a stipulation be added that the property cannot be sublet, but it was agreed that this would be too difficult to enforce. Norton Mr. Weigle moved to forward this request to the City Commission with a recom- mendation for approval to include community gardening as a conditional use sub- ject to staff cor~nents in Memorandum #93-188 and Comment #2 regarding no contiguous rental, Mr. Johnson seconded the motion which carried unanimously. Notion Mr. Collins moved to forward this request to the City Commission with a recom- mendation for approval of golf driving ranges in the C-3 zoning district as a conditional use, subject to the delineated staff comments in Memorandum 93-188 and subject to setting a minimum size in conjunction with Mr. Sciortino. Mr. Jones seconded the motion which carried unanimously. E. OCEAN AVEHUE Mr. Cutro reported that on June 17th, a meeting was held regarding Ocean Avenue improvements. Mr. Cutro displayed a drawing showing the improvements favored by the majority of people. A plan was done by Team Plan in 1989 which included a median planter with Palm trees on the north and south sides and two brick cross walks. This plan was used as a basis. Most people requested the ability to be able to close the street for public events and incorporate Veterans Park as part of the streetscape. Urban Design Studio was the moderator for the meeting and offered to provide a plan, free of charge. They simplified the original plan to get better use of the street and reintroduce historic perspective to the area. Angle parking will be included. Palm trees, planters and benches will be incor- porated in the plan. Lighting and design elements will be added. Signage will be placed at the corners identifying the block. Eventually, the concept will be expanded both east and west on Ocean Avenue. The City Commission and the CRAB liked this concept. The City has made a commitment to finance this plan, The project should be completed by Thanksgiving. With regard to the property north of the park, the City is hoping to be able to rent that property for parking. The City has put out requests for what it would cost to spec out this project, the landscaping specs, the engineering specs, and the design specs, and Mr. Cutro is hopeful he will have something to bring to the City Commission at its next meeting. - 18 - H]~HUTE$ - PLANHZNG :AHD DEVELOPHENT BOARD 14EET~HG BOYNTOH BEACH, FLORIDA ~ULY 13, 1993 CO~HENTSBY HF..~BER$ None AD~OURNI4EHT There being no further business to come before the Board, the meeting properly adjourned at 11:10 p.m. Prainito Recording Secretary (Four Tapes) - 19 -